QUESTION

Do grandparents have rights to speak or visit grandchild. Our son is deceased and mother has not allowed any contact

Asked on Apr 19th, 2017 on Family Law - New Jersey
More details to this question:
N/A
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1 ANSWER

Anthony Van Zwaren
Grandparents do have visitation rights in New Jersey under NJSA 9:2-7.1. However, it is not automatically granted, especially if one of the parents does not permit contact. A grandparent will have the burden of proof to show by a preponderance of the evidence that visits are in the best interest of the child. Factors showing that the best interests of the child may be served depend upon the previous relationship of the grandparent and the child (i.e. have you had regular or consistent contact with the child as opposed to infrequent visits or other forms of indirect contact). The court will also look at the time that the child last had contact with the grandparent (was it last week or last year? Of course this will also depend upon the child's age. What was the relationship with the grandparent. How will the child's relationship with the surviving parent be affected? Other factors may be considered such as prior history of any type of physical or sexual abuse or neglect. If the grandparent had been a full-time caretaker of a child, that shall be considered a significant factor to show that it would be in the child's best interest to continue a relationship with a grandparent.
Answered on Apr 21st, 2017 at 1:30 PM

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